INTRODUCTION

This is a hybrid lawsuit consisting of a proceeding pursuant
to Article 78 of the CPLR against the City of Albany (Case
No. 1), and an action pursuant to § 51 of the General
Municipal Law, against the City of Albany (Case No. 2), the
Albany Common Council, and the Mayor of Albany (collectively
referred to as the “City”), seeking to enforce
a commitment made by the City, and incorporated into a permit
issued by the New York State Department of Environmental Conservation (“NYDEC”) to
the City, for the expansion of a landfill. The City promised
to acquire 60 acres of land in the Fox Run Mobile Home park
(“Fox Run”), and immediately dedicate 40 acres
to the Albany Pine Bush Preserve Commission (the “Commission”),
and dedicate the remaining 20 acres after the current tenants
vacated the premises.

Petitioners seek an order pursuant to CPLR § 7803
(1) to: 1) compel the City to immediately formally dedicate
40 acres of land to the Albany Pine Bush Preserve Commission.

Petitioners also seek an order, pursuant to CPLR § 7803
(2): prohibiting the City from applying for any landfill
expansion that will involve the use of lands that should
have been dedicated to the Commission.

In the action under General Municipal Law § 51,
plaintiffs seek a declaratory judgment to the effect that
the lands that the City acquired from Fox Run in the year
2000 are imbued with a public trust as parkland, and the
alienation of such land for any other purpose constitutes
an illegal act and should be enjoined.

VENUE

Pursuant to CPLR § 506 (b), venue for the Article
78 proceeding is proper in any county in the Third Judicial
District, including Albany County, because the principal
offices of the respondents City of Albany is located in
Albany County, and Albany County is located in the Third
Judicial District.

CPLR § 504 requires an action against a city to be brought
in the county where the city is located. The City of Albany
is located in Albany County, and venue for the declaratory
judgment action under § 51 of the General Municipal
Law against the City of Albany, and other municipal defendants
is therefore proper in Albany County.

PARTIES

Petitioner Save the Pine Bush, Inc. is a not for profit
corporation, organized under the laws of the State of New
York, with its principal place of business in Albany, New
York. Save
the Pine Bush has been involved in vigorous advocacy
for the preservation of the Pine Bush in Albany and Schenectady
Counties, and particularly in the City of Albany and the
Towns of Guilderland and Colonie, for over 27 years.

According to its Certificate of Incorporation, Save the
Pine Bush, Inc. was formed "to promote and insure
the preservation of the Pine Bush area of Albany and Schenectady
counties.”

Save the Pine Bush's web site, www.savethepinebush.org,
describes the organization as "a volunteer, not-for-profit
organization dedicated to saving the Albany Pine Bush, a globally
rare ecosystem in New York State. We stop developers
by suing the government using environmental laws. The
fight for Pine Bush preservation has all the elements of a
good novel - except it is real. David vs. Goliath - volunteers
vs. City Hall.” The web site claims: “Without
Save the Pine Bush, there would be no Pine Bush left today.”

Save the Pine Bush has litigated a number of issues pertaining
to preservation of the Pine Bush, and has actively advocated
the creation of the Albany Pine Bush Preserve, which was created
pursuant to Article 46 of the Environmental Conservation Law.

Save the Pine Bush, both as an organization and on behalf
of its members, has standing to maintain this proceeding under
the criteria set forth by the New York State Court of Appeals
in Douglaston Civic Associations v. Galvin, 36 N.Y.2d 1,7 (1974)
because:
1) Save the Pine Bush clearly has the capacity to
assume an adversary position, as evidenced by its long
history of advocacy and litigation with respect to Pine
Bush preservation issues,
2) Save the Pine Bush’s position with respect to the Pine
Bush is fairly representative of the community of interests of groups
and individuals dedicated to preservation of the Pine Bush,
3) The use of the 60 acres of land acquired from Fox Run is squarely
within the zone of interests that Save the Pine Bush seeks to protect,
and
4) Full participating membership in Save the Pine Bush is open
to all residents and property owners in the relevant neighborhood.

In the Article 78 proceeding, individual petitioners Rezsin
Adams, Sandra Camp, Sharon Casterlin, Lucy Clark, Lynne Jackson,
Martha Masters, Peter Van Nostrand, John Wolcott and Russell
Ziemba have a special interest in the preservation of land
in the Albany Pine Bush; individual petitioners as well as
other members of Save the Pine Bush, regularly hike, bird watch,
cross-country ski, jog, and engage in recreational activities
in the Pine Bush, and/or have a long history of activism with
respect to it.

Petitioners Martha Masters, Peter Van Nostrand, and Sharon
Casterlin are members of Save the Pine Bush who reside in close
proximity to the Fox Run Mobile Home Park, which is the site
of the proposed landfill expansion, and the existing Rapp Road
landfill.

In particular, petitioners Masters and Van Nostrand own
a horse farm and live at 175 Rapp Road, in the City of
Albany. Their property boundary line is located 365 feet
from the Fox Run parcel, and 385 feet from the boundary
of the Rapp Road landfill.

Ms. Masters and Mr. Van Nostrand purchased their horse farm
in 1995. They were advised that the Rapp Road landfill would
be closing in 3-4 years, and the expectation that the landfill
would close was an important consideration for them when they
purchased their property. They have considered moving to another
location because of the plans of the City to continue to expand
the landfill.

On occasion, Ms. Masters and Mr.Van Nostrand have ridden
their horse on the Fox Run mobile home land.

Petitioner Sharon Casterlin lives upon property that she
owns, located at 154 Lincoln Ave, in the City of Albany. Her
property boundary line is located 885 feet from the Fox Run
parcel, and 1140 feet from the boundary of the Rapp Road landfill.

Both Ms. Masters and Ms. Casterlin frequently smell the odor
of the landfill from their residences. Ms. Masters reports
that the odor is noticeable every day, and that it is frequently
worse in the early evening. Ms. Casterlin reports that the
smell is sometimes noticeable even when the windows of her
residence are closed, and that it has made her sick to her
stomach when the smell is really bad, in the summer.

Ms. Casterlin also found a rat in her house, which she believes
came from the landfill.

Petitioners Masters,Van Nostrand and Casterlin have a “special
interest” in the proposed landfill expansion because
they live near the proposed landfill expansion, and because
they are directly impacted by the landfill, particularly
by the odors emanating from it.

Save the Pine Bush, as an organization, has standing to assert
the interests of its members described in paragraphs 12-20
above.

Save the Pine Bush’s standing to assert claims
similar to the instant proceeding was expressly upheld
by the Court of Appeals in Save the Pine Bush v. City of
Albany, 70 N.Y.2d 193, 201 (1987).

Plaintiffs in the action under the General Municipal Law,
Rezsin Adams (112 Chestnut Street, Albany), Lynne Jackson (223
South Swan Street, Albany) Martha Masters and Peter Van Nostrand
(175 Rapp Road, Albany), and John Wolcott (344 Sheridan Avenue,
Albany) are residents and taxpayers in the City of Albany.
In particular, Ms. Adams, Ms. Jackson, Ms. Masters, Mr. Van
Nostrand and Mr. Wolcott are taxpayers who own real property
whose tax assessment, both individually and collectively, is
well in excess of $1000.

Respondent City of Albany is a municipal corporation
established pursuant to the provisions of § 20 of
the General City Law.

Gerald Jennings is the duly elected Mayor of the City of
Albany, and is sued in his official capacity Mayor of the City.

The Albany Common Council is the governing legislative body
and has the powers and duties set forth in the General City
Law and the Municipal Home Rule Law.

FACTUAL BACKGROUND

On February 29, 2000, the New York State Department of Environmental
Conservation, by Region 4 Permit Administrator William J. Clarke,
issued a permit to the City of Albany for, inter alia,
a permit to construct and operate a solid waste management
facility known as the Rapp Road interim landfill. A
copy of this permit is annexed hereto as Exhibit A.

The permit authorized an extension of the existing landfill,
located near Rapp Road in the City of Albany, to be known
as the P-4 Project. The expansion authorized by the permit
consisted of both a vertical and a horizontal expansion, which
would increase the capacity of the landfill by approximately
2.1 million cubic yards. The project was estimated to
provide for approximately 10 to 15 years of disposal capacity,
while the City of Albany pursued the permitting of a long-term
site in the Town of Coeymans. An excerpt from the
Third Draft Environmental Impact Statement, describing
the expansion of the landfill, is annexed hereto as Exhibit
B.

The City’s application for a permit to expand its landfill
was subject to the provisions of the New York State Environmental
Quality Review Act, ECL § 8-0101 et. seq.

The New York State Department of Environmental Conservation
acted as the lead agency for the purposes of conducting
an environmental review. As part of that environmental
review, the DEC requested the preparation of a Draft Environmental
Impact Statement, which ultimately underwent three Supplemental
Draft Environmental Impact Statements.

As a result of the comprehensive environmental review, it
was ultimately determined that the City would provide certain
mitigation, in the form of, inter alia, land acquisition. This
land acquisition was specifically described in the Third Supplemental
Final Environmental Impact Statement (TSFEIS). The
relevant pages of the TSFEIS are annexed hereto as Exhibit
C.

In particular, the TSFEIS states that "the City will
provide an overall mitigation and enhancement program to be
implemented as follows: upon issuance of a permit for the P-4
project, the City will acquire the existing option, held by
the Nature Conservancy, for the 60 acre site immediately north
of the Rapp Road landfill (Fox Run Estates and the proposed
extension area of Fox Run Estates) with dedication of the undeveloped
portion (approximately 40 acres) to the Albany Pine Bush Preserve
Commission upon closing, and dedication of the remaining, developed
portion (approximately 20 acres) to the Albany Pine Bush Preserve
Commission upon closure of the mobile home park;..." (TSFEIS
p.11).

The TSEIS noted that “The addition of Fox Run Estates
parcel to the Preserve, suggested by the Albany Pine Bush Preserve
Commission, will result in enhanced linkage between the main
portion of the Preserve, and the Rensselaer Lake portion of
the Preserve.” (p.12, included in Exhibit C, attached
hereto)

The Albany Pine Bush Preserve Commission submitted comments
on the DEIS, in the form of a four page letter from then
Executive Director Willie Janeway with extensive attachments. A
copy of this letter, together with some of the attachments,
including two color slides showing the location of the
corridor linking the two sections of the Pine Bush Preserve,
and the location of the Fox Run Mobile Home Park, is annexed
hereto as Exhibit D.

In particular, Mr. Janeway stated “It is recommended
that any permit to expand and continue operation of the landfill
be conditioned on . . . land acquisition (including relocation
of the Fox Run Mobile Home Park) acquisition, restoration of
a ¼ mile wide (or wider) 115+ acre corridor around the
landfill to the north and east, reaching the railroad tracks
in places. This would connect the Rensselaer Lake
portion of the Preserve to Preserve lands to the west of the
landfill. It is recommended that this land be acquired
from willing sellers, restored to Pine Bush, and within a set
time frame dedicated as an addition to the Pine Bush Preserve. It
is recommended that the Fox Run Estates Mobile Home Community
be purchased and the tenants gradually relocated over a multi-year
period. The City should provide generous relocation assistance
as the park is phased out.”

The mitigation measure that the City would acquire land
which would be added to the Pine Bush Preserve was incorporated
into the permit that NYDEC issued. In particular,
Special Condition 7, at the top
of page 11 of the permit (Exhibit A), states as follows:

"As per the Third Supplemental Final Environmental Impact
Statement the permittee shall complete the acquisition of the
60 plus or minus acres of the Fox Run Estates property. Within
30 days of the permit issuance the permittee shall provide a
schedule for the completion of the purchase to the Department. The
schedule shall include at a minimum a copy of the purchase contract,
and anticipated date or dates for dedication of the property
to the Albany Pine Bush Preserve. Transfer of title documentation
shall be submitted to the Department prior to operation of the
horizontal component of the P-4 expansion, shown as phase 1 on
drawing FP 2.”

On March 30, 2000, Ruth Leistensnider, special counsel
to the City of Albany, wrote to Mr. Clarke to transmit
a schedule for acquisition and dedication of the Fox Run
property, in accordance with the permit condition. This schedule required
the City to execute its option to purchase the property by
April 21, 2000, close on or before June 6, 2000, and dedicate
the property “if possible without subdivision” to
the Albany Pine Bush Preserve Commission by December 31, 2000. The
schedule also provided for remaining residents of the Fox Run
Estates to vacate the property prior to 2015, and for the dedication
of the 20 acres of developed property by that time. A
copy of Ms. Leistensnider’s letter, together with
the attached schedule, is annexed hereto as Exhibit E.

In order to purchase the property, the City had to acquire
an option which was held by the Nature Conservancy. Upon
information and belief, the Nature Conservancy transferred
its option to the City of Albany, so that the City could purchase
the property with the express purpose of including it in the
existing Pine Bush Preserve. The acquisition of
the property was only possible because the Nature Conservancy,
on April 17, 2000, assigned its option to purchase the property
to the City. Upon information and belief, the Conservancy
only assigned its option because of the City's commitment to
dedicate the land, once purchased, to the Albany Pine Bush
Preserve Commission. Annexed hereto as Exhibit F
is a letter, dated September 9, 2005, from Nature Conservancy
Counsel Jonathan Kaledin, which specifically refers to
the assignment of the option by the Nature Conservancy
(see page 2).

On December 21, 2001, NYDEC Environmental Analyst Thomas
Haley wrote to John Munsey, of C. T. Male and Associates,
the City of Albany's environmental consultant, to request
an explanation for the delay in the dedication of the Fox
Run Estates land. In
relevant part, Mr. Haley stated: "based on a recent conversation
with Chris Hawver [Albany Pine Bush Preserve Commission Executive
Director] and Gary Stiglmeier [City of Albany Corporation Counsel],
it appears that the land acquisition is complete but the dedication
of the undeveloped land has not yet occurred. The March
30, 2000 letter [Exhibit E to this Petition/Complaint] stated
that you would keep the Department advised. Please forward
an explanation for the delay and a revised schedule for the
dedication of the Fox Run Estates land”. A copy of Mr.
Haley’s letter is annexed hereto as Exhibit G.

Petitioners and plaintiffs are not aware of any response
to Mr. Haley’s letter or of any additional communications
between representatives of NYDEC and representatives of the
City from 2001 until 2004. However, on October 1,
2004, special counsel RuthLeistensnideragain wrote to Permit
Administrator William Clarke, regarding the status of the
land transfer (a copy of this letter is annexed hereto
as Exhibit H).

Ms.Leistensnider’s October 1, 2004 letteracknowledged
that she had previously, by letter dated March 30, 2000, provided
a schedule which had "contemplated that the approximately
40 acres of undeveloped land within Fox Run Estates would be
dedicated to the Albany Pine Bush Preserve Commission on or
before December 31, 2000. . .". However, Ms.Leistensniderclaimed
that her March 30, 2000 letter only promised to accomplish
such dedication if it could be accomplished "without subdivision
approval".

In actuality, in March 2000, Ms. Leistensnider had stated
that the 40 acres of undeveloped land would be dedicated
by December 31, 2000 "if possible without subdivision, subject
to a right of ingress and egress for purposes of wetland mitigation
required by Army Corps of Engineers and NYDEC fresh water wetlands
permit." The March 30, 2000 schedule did not
state that the dedication of the 40 acres of land would
be contingent upon a need to dedicate the land without
subdivision approval (see Exhibit E).

In her October 1, 2004 letter, Ms.Leistensniderclaimed
that the 40 acres of undeveloped land had not been dedicated
because it was not located within the City of Albany and
that subdivision approval would be needed from both the
Village of Colonie and the Town of Guilderland. Ms.Leistensniderdid
not offer any explanation as to why such subdivision approval
would be needed from those municipalities or why, if such
approval was needed, the City had not yet applied for it,
or when or even if, the City intended to apply for it.

Ms.Leistensnider’s October 1, 2004 letter also
indicated that shehad previously provided NYDEC with a
copy of the recorded deed for the Fox Run Estates property,
by letter dated September 11, 2000.

As of the fall of 2005, the City had still taken no steps
to dedicate the 40 acres of land that it had acquired
to the Albany Pine Bush Preserve Commission. Upon
information and belief, the City never applied to the Town
of Guilderland or to the Village of Colonie for subdivision
approval, nor took any other step towards the dedication
of this property.

Lynne Jackson, the Secretary of Save the Pine Bush, and
a petitioner and plaintiff in this action, was advised,
by letter from Guilderland Town Planner Jan Weston dated
October 25, 2005, that there was no record of any application
for any subdivision of the Fox Run Mobile Home Park. A copy of Ms. Weston’s
letter is annexed hereto as Exhibit I.

Upon information and belief, the City of Albany has never
applied to the Village of Colonie for subdivision approval
for the Fox Run Mobile Home Park property.

In the fall of the 2005, the City publicly announced
that it was considering using a portion, if not all, of
the Fox Run Estates property for a further landfill expansion.

On November 16, 2005, Ms.Leistensniderwrote to Mr. Clarke
with respect to an application for a further expansion
of the Rapp Road landfill. Ms.Leistensnidersent Mr. Clarke a
completed Part One of a Full Environmental Assessment Form,
together with an application cover sheet for a landfill expansion
permit under 6 NYCRR Part 360. A copy of Ms.Leistensnider’s
letter, together with the Full Environmental Assessment
Form, is annexed hereto as Exhibit J.

The Environmental Assessment Form identifies the applicant
as the City of Albany Department of General Services, and
describes the proposed action as the "construction
of an approximately 24 acre landfill expansion of the existing
Rapp Road landfill onto lands currently know (sic)
as the Fox Run Mobile Home Park."

LEGAL ANALYSIS

SEQRA requires that an agency carrying out an action,
such as the issuing of a landfill permit under 6 NYCRR § 360, “make
an explicit finding . . . that consistent with social, economic
and other essential considerations, to the maximum extent practicable,
adverse environmental effects revealed in the environmental
impact statement process will be minimized or avoided.” (ECL § 8-0109
(8))

The determination by NYDEC, acting as lead agency, that
the adverse environmental impact of the project had been
minimized to the maximum extent practicable, was based
in part upon the commitment of the City to mitigate the
impacts by acquiring the 60 acre site of the Fox Run Estates,
by immediately dedicating 40 acres to the Albany Pine Bush
Preserve Commission, and by the City’s commitment
to dedicate the remaining 20 acres to the Pine Bush Preserve
Commission upon closure of the mobile home park.

Furthermore, by including this mitigation provision as a
special condition to the landfill permit, NYDEC was expressly
requiring the City to dedicate this land.

The City's failure to dedicate the 40 acres to the Albany
Pine Bush Preserve Commission by December 31, 2000, as
indicated by its schedule, is therefore in violation of
law because the failure to dedicate this land: 1) violates
both an explicit condition of the City’s Part 360
permit and 2) is a breach of an agreement to implement
a mitigation measure imposed by SEQRA.

The importance of the mitigation measure to the project
was noted by the Appellate Division, Third Department,
when it dismissed a challenge to the issuance of the 2000
permit by Save the Pine Bush, noting that the city was
required "to
purchase the 60 acre Fox Run Estates Mobile Home Park and dedicate
the property to the Pine Bush, Save the Pine
Bush Inc. v. New York State Department of Environmental Conservation,
289 A.D.2d 636, 639 (3d Dept. 2001). (emphasis added).

Save the Pine Bush, the Nature Conservancy, and the public
at large, relied upon the promises of the City to dedicate
the property that it acquired to the Albany Pine Bush Preserve
Commission.

The Albany Pine Bush Preserve Commission referred to
the Fox Run property as “permanently protected” in
its 2002 Management Plan, as part of its evaluation of strategies
for preservation of the Pine Bush. Pages 57-58 of
this Management Plan are annexed hereto as Exhibit K.

In particular, the public was entitled to believe that, as
of March 2000, the City would honor its commitment to actually
dedicate the land that it was acquiring.

As noted in ¶ 38 above, the Nature Conservancy facilitated
the purchase of this land by transferring its option to purchase
the land, on the express understanding that the land was to
be dedicated. If the City is now permitted to relieve
itself of its commitment, it will have effectively defrauded
the Nature Conservancy, and the public, by utilizing land
acquired for preservation purposes for a landfill expansion.

Finally, the 60 acre parcel of Fox Run Estates was acquired
with the express understanding that it was to be used for preservation
purposes.

The Albany Pine Bush Preserve Commission manages approximately
3050 acres of all Pine Bush land as protected habitat.
This land is protected as part of the Albany Pine Bush
Preserve under Article 46 of the Environmental Conservation
Law, and is utilized as “parkland”.

New York State courts "have time and again reaffirmed
the principle that parkland is impressed with a public trust,
requiring legislative approval before it can be alienated or
used for an extended period for non park purposes",
Friends of Van Cortlandt Park v. City of New York, 95 N.Y.2d
623 (2001).

Here, the City of Albany proposes to utilize land that it
acquired for the express purpose of dedication to park purposes
for a vastly different purpose; the expansion of a landfill.

Such use represents an illegal alienation of parkland, that
cannot be accomplished without an enabling act of the New York
State Legislature.

AS AND FOR A FIRST CAUSE OF ACTION

(under CPLR § 7803 (1))

Petitioners repeat and reallege each and every allegation
of all paragraphs above as if set forth in full herein.

The City of Albany had a legal obligation to dedicate the
40 acres of the undeveloped land that was formerly part of
Fox Run Estates Mobile Home Park to the Albany Pine Bush Preserve
Commission prior to December 31, 2000.

The City of Albany's dedication of this land represents
a "duty
enjoined upon [the City of Albany] by law."

The City of Albany should be compelled to dedicate the
40 acres of undeveloped land in the Fox Run Estates to
the Albany Pine Bush Preserve Commission immediately, and
should be directed to dedicate in the remaining 20 acres
of land to the Albany Pine Bush Preserve Commission upon
the fulfillment of the conditions set forth in the March
30, 2000 scheduling letter.

AS AND FOR A SECOND CAUSE OF ACTION

(under CPLR § 7803 (2))

Petitioners repeat and reallege each and every allegation
of all paragraphs above with the same force and effect as if
set forth in full herein.

The City of Albany is not legally authorized to apply for
a landfill permit to expand its landfill onto land which has
previously been committed for dedication to the Albany Pine
Bush Preserve Commission.

Nevertheless, the City has filed an application with
NYDEC for a permit to expand the existing Rapp Road landfill
onto the land that it has acquired for dedication to the
Commission.

The land in question has been acquired for parkland purposes,
is imbued with a public trust, and can not be used for landfill
purposes without a state legislative enactment.

The City should be enjoined from proceeding with its application
for a permit to expand the Rapp Road landfill onto the land
that the City acquired from the Fox Run Estate Mobile Home
Park.

AS AND FOR A THIRD CAUSE OF ACTION (against Gerald Jennings,
the Albany Common Council, and the City of Albany, under § 51
of the General Municipal Law)

Plaintiffs repeat and reallege each and every allegation
of all paragraphs above with the same force and effect as if
set forth in full herein.

General Municipal Law § 51 authorizes an action against "all
officers, agents, commissioners and other persons acting, or
who have acted, for and on behalf of any. . . municipal corporation
in this state,. . . to prevent any illegal official act on
the part of any such officers, agents, commissioners or other
persons. . .".

The 60 acres that the City of Albany acquired in 2000
is legally required to be dedicated to the Albany Pine
Bush Preserve Commission.

Furthermore, the land was acquired for park purposes, and
cannot be alienated from such park purposes without an enactment
of the New York State Legislature.

Therefore, an action lies under § 51 of the General
Municipal Law to prevent the use of this land for other
than park purposes, such as a landfill expansion.

Plaintiffs Jackson, Adams, Wolcott, Masters and Van Nostrand,
both individually and jointly, own real property in the City
of Albany whose assessment exceeds the statutory amount of
$1,000, and are liable to pay taxes on such assessments.

In addition, plaintiffs are willing and able to comply
with the statutory provisions of § 51 pertaining to
the furnishing of a bond, should a bond be required by
the Court.

Plaintiffs are entitled to declaratory and injunctive relief,
enjoining the City of Albany from using the land acquired from
the Fox Run Mobile Home Park for any purposes other than dedicating
it to the Albany Pine Bush Preserve Commission.

RELIEF

Plaintiffs and petitioners seek judgment:

Ordering, adjudging and decreeing that the City of Albany
must immediately dedicate the undeveloped 40 acres of land
that it acquired from the Fox Run Estates to the Albany
Pine Bush Preserve Commission, and must dedicate the remaining
20 acres of land as soon as the existing tenants vacate
the premises;

Ordering adjudging and decreeing that the City of Albany
is enjoined from applying for any permit from the New York
State Department of Environmental Conservation or from
any other entity, that would permit the City to utilize
the land acquired from the Fox Run Estates for landfill
purposes;

Ordering, adjudging and decreeing that the 60 acres of
land acquired by the City of Albany in 2000 from the Fox
Run Estates Mobile Home Park has been acquired for park
purposes, and cannot be alienated from park purposes without
an act of the New York State Legislature;

Awarding petitioners and plaintiffs the costs and disbursements
of this action; and

Such other and further relief, as to the Court may seem
just, proper and equitable.

DATED: January 17, 2006

Clarksville,
New York

Yours, etc.,

Peter
Henner, Esq.

Attorney for Petitioners/Plaintiffs

P.O. Box 326

Clarksville,
NY 12041-0326

Telephone:
(518) 768-8232

The numbering of the conditions
appears to be erratic, inasmuch as condition numbered 7 appears
to be between numbers 27 and 31. This condition is also
referred to as Special Permit Condition 29.